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Philippine Bar review · Question

Practice question: Optional Standard Deduction

Multiple Choice Hard Jurisprudence

Practice question

A general professional partnership has already availed of OSD in computing the income attributable to its partners. A partner then seeks another OSD on the same distributive income, arguing that the partnership and partner are separate persons. Which answer follows the current statutory limitation?
  1. Two OSD layers are always required
  2. A third OSD is available if the partner has receipts
  3. All GPP income is automatically exempt
  4. The restriction applies only to incorporated firms
  5. Section 34(L) allows OSD only once, either by the GPP or the partners, so the proposed second OSD on the same partnership income is impermissible

Legal references

  • NIRC Section34(L), as amended by RA10963: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/80559
  • RA9504, Section3: https://lawphil.net/statutes/repacts/ra2008/ra_9504_2008.html
  • RR16-2008, Sections3–4 (individual and corporate OSD bases): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/43850

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